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Friday, April 27, 2012

UPDATE: bin Laden Death Photos FOIA-Exempt

In a 29-page Memorandum of Decision in Judicial Watch, Inc. v. U.S. Department of Defense et al. (Docket No. 11-890-JEB), U.S. District Court for the District of Columbia Judge James Boasberg yesterday granted the government's summary judgment motion barring the public release of video and images of the shooting and burial of Osama bin Laden.

The plaintiff sued the government last May 2, the day after President Obama announced the killing of the al-Qaeda leader, for the release of images associated with his death under the Freedom of Information Act [5 U.S.C. sec. 552] (see "TUOL" post 1/30/12). As reported by Legal Times (www.Legaltimes.typepad.com), the CIA withheld 52 documents in response to the FOIA request, arguing release of the volatile classified bin Laden records posed a national security risk.

Judge Boasberg ruled "the CIA's explanation of the threat to our national security that the release of these records could cause passes muster." Judicial Watch has filed a notice of appeal to the United States District Court of Appeals for the D.C. Circuit.